King v. Seitzingers, Inc., 287 S.E.2d 252 (Ga. Ct. App. 1981). · Go Syfert
King v. Seitzingers, Inc., 287 S.E.2d 252 (Ga. Ct. App. 1981). Cases Citing This Book View Copy Cite
187 citation events (45 in the last 25 years) across 13 distinct courts.
Strongest positive: KSSR Properties, LLC v. Bellsouth Telecommunications, LLC (ca11, 2022-09-22)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 33 distinct citers.
discussed Cited as authority (rule) KSSR Properties, LLC v. Bellsouth Telecommunications, LLC
11th Cir. · 2022 · confidence medium
Where improper maintenance or ongoing conduct tied to the trespass causes damage, the claim “is continu- ing in nature,” Kleber, 677 S.E.2d at 137 , and doesn’t accrue “until a plaintiff discovers or with reasonable diligence should have dis- covered that he was injured,” King v. Seitzingers, Inc., 287 S.E.2d 252, 254 (Ga. Ct. App. 1981).
discussed Cited as authority (rule) ELLIS v. WARREN
M.D. Ga. · 2020 · confidence medium
The two-year statute of limitations begins to run when “the plaintiff discovers or in the exercise of reasonable diligence should have discovered not only that he has been injured but also that the injury may have been caused by the defendant’s conduct.” King v. Seitzingers, Inc., 287 S.E.2d 252, 254 (Ga. Ct. App. 1981).
discussed Cited as authority (rule) In re Webb
Bankr. M.D. Ga. · 2012 · confidence medium
In re Webb, 482 B.R. at 671 (citing King v. Seitzingers, Inc., 160 Ga.App. 318, 319 , 287 S.E.2d 252, 254 (1981); Corporation of Mercer University v. National Gypsum Co., 258 Ga. 365, 365 , 368 S.E.2d 732, 733 (1988)). .
discussed Cited as authority (rule) Monfort v. Colquitt County Hospital Authority
Ga. Ct. App. · 2007 · confidence medium
King , adopting what is referred to as the “discovery rule,” held that where the injury is known but the cause of injury is not known, a continuing tort cause of action will not accrue “until the plaintiff discovers or in the exercise of reasonable diligence should have discovered not only that he has been injured but also that his injury may have been caused by the defendant’s conduct.” Id. at 320 (citation and punctuation omitted).
cited Cited as authority (rule) Miller v. Home Depot, U.S.A., Inc.
W.D. La. · 2001 · confidence medium
King v. Seitzingers, Inc. 160 Ga.App. 318 , 287 S.E.2d 252, 255 (1981).
discussed Cited as authority (rule) Childs v. Haussecker (2×)
Tex. · 1998 · confidence medium
Celotex Corp. v. Copeland, 471 So.2d 533 (Fla.1985)(asbestosis); King v. Seitzingers, Inc., 160 Ga.App. 318 , 287 S.E.2d 252, 254-55 (1981)(lead poisoning); Carvalho v. Raybestos-Manhattan, Inc., 794 F.2d 454, 456 (9th Cir.l986)(applying Hawaii law)(asbestosis); Nolan v. Johns-Manville Asbestos, 85 Ill.2d 161 , 52 Ill.Dec. 1 , 421 N.E.2d 864, 868 (1981)(asbestosis); Barnes v. A.H.
discussed Cited as authority (rule) Bishop v. Farhat
Ga. Ct. App. · 1997 · confidence medium
This evidence creates a jury issue as to whether Bishop “knew or through reasonable diligence should have discovered that [her] injury resulted from [Baxter’s failure to warn] before or after the two years preceding the filing of [her] suit.” King v. Seitzingers, Inc., 160 Ga. App. 318, 320 ( 287 SE2d 252 ) (1981). *205 Our holding does not allow Bishop to “split” the product by arguing that she knew it was dangerous, but did not know which part was dangerous.
discussed Cited as authority (rule) Jones v. Lamon (2×)
Ga. Ct. App. · 1992 · confidence medium
OCGA § 9-3-71 (a), as amended in 1985, Ga. L. 1985, p. 556, § 1, is applicable here and provides that “an action for medical malpractice shall be brought within two years after the date on which an injury or death arising from a negligent or wrongful act or omission occurred.” Appellant, by asserting the limitation period for her medical malpractice claim did not begin to run until the date she discovered the cause of her injury, seeks to have this court engraft onto OCGA § 9-3-71 (a) the “discovery rule” applied to OCGA § 9-3-33, the general tort statute of limitation, by King v. …
discussed Cited as authority (rule) Welch v. Celotex Corporation
11th Cir. · 1992 · confidence medium
In continuing tort cases such as this one, the Georgia courts have held that limitations begin to run only when the plaintiff knows, or through the use of reasonable diligence should have discovered, two distinct facts: "the nature of his injury ... [and ] the causal connection between the injury and the alleged negligent conduct of appellee." King v. Seitzingers, Inc., 160 Ga.App. 318 , 287 S.E.2d 252, 255 (1981); see also Anderson v. Sybron Corp., 165 Ga.App. 566 , 353 S.E.2d 816, 817 (1983), aff'd 251 Ga. 593 , 310 S.E.2d 232 (1983); Ballew v. A.H.
discussed Cited as authority (rule) Welch v. Celotex Corp.
11th Cir. · 1992 · confidence medium
In continuing tort cases such as this one, the Georgia courts have held that limitations begin to run only when the plaintiff knows, or through the use of reasonable diligence should have discovered, two distinct facts: “the nature of his injury ... [and] the causal connection between the injury and the alleged negligent conduct of appellee.” King v. Seitzingers, Inc., 160 Ga.App. 318 , 287 S.E.2d 252, 255 (1981); see also Anderson v. Sybron Corp., 165 Ga.App. 566 , 353 S.E.2d 816, 817 (1983), aff'd 251 Ga. 593 , 310 S.E.2d 232 (1983); Ballew v. A.H.
discussed Cited as authority (rule) Thomason v. Gold Kist, Inc.
Ga. Ct. App. · 1991 · confidence medium
“Actions for injuries to the person shall be brought within two years after the right of action accrues. . . .” OCGA § 9-3-33. “ ‘A cause of action will not accrue under the discovery rule until the plaintiff discovers or in the exercise of reasonable diligence should have discovered not only that he has been injured but also that his injury may have been caused by the defendant’s conduct.’ [Raymond v. Ely Lilly & Co., 117 N.H. 164, 170-171 ( 317 A2d 170 )].” King v. Seitzingers, Inc., 160 Ga. App. 318, 320 ( 287 SE2d 252 ).
discussed Cited as authority (rule) Riley v. Presnell (2×)
Mass. · 1991 · confidence medium
Cir. 1989); Van Buskirk v. Carey Coanadian Mines, Ltd., 760 F.2d 481 , 498 (3d Cir. 1985); Maughan v. SW Servicing, Inc., 758 F.2d 1381, 1387 (10th Cir. 1985); Allen Group Leasing Corp. v. McGugin, 537 So. 2d 22, 23 (Ala. 1988); Oakes v. McCarthy Co., 267 Cal. App. 2d 231, 255 (1968); DiChellis v. Peterson Chiropractice Clinic, 630 P.2d 103, 106 (Colo. Ct. App. 1981); Champagne v. Raybestos-Manhattan, Inc., 212 Conn. 509, 526-527 (1989); Florida Patient’s Compensation Fund v. Tillman, 487 So. 2d 1032, 1035 (Fla. 1986); King v. Seitzingers, Inc., 160 Ga. App. 318, 320 (1981); Witherell v. Wei…
discussed Cited as authority (rule) Boyd v. Orkin Exterminating Co.
Ga. Ct. App. · 1989 · confidence medium
Mr. and Mrs. Boyd contend, however, that the alleged tort was continuing and that, under the “discovery rule” set forth in King v. Seitzingers, Inc., 160 Ga. App. 318, 320 ( 287 SE2d 252 ) (1981), their “cause of action did not accrue and the statute of limitation did not run against [them] until [they] knew or through the exercise of reasonable diligence should have discovered not only the nature of [their] injury but also the causal connection between the injury and the alleged negligent conduct of appellee.” See also Everhart v. Rich’s, Inc., 229 Ga. 798 (2) ( 194 SE2d 425 ) (1972…
cited Cited as authority (rule) St. Joseph Hospital v. Celotex Corp.
11th Cir. · 1988 · confidence medium
King v. Seitzingers, Inc., 160 Ga.App. 318 , 287 S.E. 2d 252, 254 (1981).
cited Cited as authority (rule) St. Joseph Hospital v. The Celotex Corporation
11th Cir. · 1988 · confidence medium
King v. Seitzingers, Inc., 160 Ga.App. 318 , 287 S.E.2d 252, 254 (1981).
cited Cited as authority (rule) ca11 1987
11th Cir. · 1987 · confidence medium
King v. Seitzingers, Inc., 160 Ga.App. 318 , 287 S.E.2d 252, 254 (1981).
cited Cited as authority (rule) Corporation of Mercer University v. National Gypsum Co.
11th Cir. · 1987 · confidence medium
King v. Seitzingers, Inc., 160 Ga.App. 318 , 287 S.E.2d 252, 254 (1981).
discussed Cited as authority (rule) Golden v. Hussey
Ga. Ct. App. · 1986 · confidence medium
Held: The plaintiff’s position is founded upon the so-called “discovery rule” which, as applied in personal injury actions, provides that “a cause of action does not accrue . . . until the plaintiff discovers or with reasonable diligence should have discovered not only the injury but the cause of the injury. [Cits.]” King v. Seitzingers, Inc., 160 Ga. App. 318, 319 ( 287 SE2d 252 ) (1981).
discussed Cited as authority (rule) Synalloy Corp. v. Newton
Ga. Ct. App. · 1984 · confidence medium
The appellant also relies upon King v. Seitzingers, 160 Ga. App. 318, 320 ( 287 SE2d 252 ) (1981), where this court held that in a suit for personal injury due to on-the-job lead poisoning, the injury was a continuing tort for which the “cause of action did not accrue and the statute of limitation did not run against [the employee] until he knew or through the exercise of reasonable diligence should have discovered not only the nature of his injury but also the causal connection between the injury and the alleged negligent conduct of [the employer].” These rulings refer specifically to the…
discussed Cited as authority (rule) Anderson v. SYBRON CORPORATION
Ga. Ct. App. · 1983 · confidence medium
Held: We held in King v. Seitzingers, 160 Ga. App. 318, 320 (287 SE2d *567 252), a similar products liability case, that “a tort cause of action does not accrue unless the plaintiff knows or with reasonable diligence should have known that he suffered an injury. . . . [The] cause of action did not accrue and the statute of limitation did not run against him until he knew or through the exercise of reasonable diligence should have discovered not only the nature of his injury but also the causal connection between the injury and the alleged negligent conduct of appellee.” (Emphasis supplied.…
discussed Cited as authority (rule) Carolyn Ballew and Thomas J. Ballew v. A. H. Robins Company, a Corporation
11th Cir. · 1982 · confidence medium
The Georgia courts have held that in the instance of a continuing tort, such as the one involved here, “a cause of action does not accrue so as to cause the statute of limitations to run until a plaintiff discovers or with reasonable diligence should have discovered that he was injured.” King v. Seitzingers, Inc., 160 Ga.App. 318 , 287 S.E.2d 252, 254 (1982).
discussed Cited "see" FIRST SOLAR ELECTRIC LLC v. ZURICH AMERICAN INSURANCE COMPANY (2×)
M.D. Ga. · 2024 · signal: see · confidence high
See King v. Seitzingers, 160 Ga. App. 318, 319 , 287 S.E.2d 252, 254 (1981).
discussed Cited "see" SEIBERT v. ALEXANDER, Jr. Et Al. (2×)
Ga. Ct. App. · 2019 · signal: see · confidence high
See King v. Seitzingers, Inc. , 160 Ga. App. 318 , 287 S.E.2d 252 (1981) (in a continuing tort a cause of action accrues "so as to cause the statute of limitation to run" when a plaintiff discovers or with reasonable diligence should have discovered that he was injured).
discussed Cited "see" Griffin v. Hunt Refining Co. (2×)
Ga. Ct. App. · 2008 · signal: see · confidence high
See King v. Seitzingers, Inc., 160 Ga. App. 318, 320 ( 287 SE2d 252 ) (1981). 5 We further note that it appears that Alabama’s personal injury statute of limitation in toxic exposure cases is generally more restrictive than Georgia’s statute.
discussed Cited "see" Abend v. Klaudt (2×)
Ga. Ct. App. · 2000 · signal: see · confidence high
See King v. Seitzingers, 160 Ga. App. 318 ( 287 SE2d 252 ) (1981); Waters v. Rosenbloom, 268 Ga. 482, 483 ( 490 SE2d 73 ) (1997).
examined Cited "see" Daugherty v. Westminster Schools (5×)
11th Cir. · 1999 · signal: see · confidence high
See King v. Seitzingers, Inc., 160 Ga.App. 318 , 287 S.E.2d 252, 254 (Ga.Ct.App.1981). 15 Here, appellant contends, she knew that she was severely depressed as early as 1989; however, because she did not understand until 1995 that there was a causal connection between Ferguson’s conduct and her emotional and psychological injuries, the statute of limitations was tolled until that time.
examined Cited "see" Daugherty v. Westminster Schools (3×)
11th Cir. · 1999 · signal: see · confidence high
See King v. Seitzingers, Inc., 287 S.E.2d 252, 254 (Ga. Ct. App. 1981).
discussed Cited "see" Newton v. Southern Wood Piedmont Co. (2×)
unknown court · 1995 · signal: see · confidence high
See King v. Seitzingers, Inc., 160 Ga.App. 318 , 287 S.E.2d 252 (1981); Welch, 951 F.2d at 1236 .
discussed Cited "see" Andel v. Getz Services, Inc. (2×)
Ga. Ct. App. · 1990 · signal: see · confidence high
See King v. Seitzingers, Inc., 160 Ga. App. 318 ( 287 SE2d 252 ) (1981).
cited Cited "see" McLain v. Johnson
Ga. · 1982 · signal: see · confidence high
See King v. Seitzingers, Inc., 160 Ga. App. 318 (1981), cert. denied, and cases cited there.
discussed Cited "see, e.g." In Re Mentor Corp. ObTape Transobturator Sling Products Liability Litigation (2×)
M.D. Ga. · 2010 · signal: see also · confidence low
The parties also agree that a personal injury claim accrues for statute of limitations purposes “when a plaintiff discovers, or with reasonable diligence should have discovered, both the injury and the cause thereof.” Waters v. Rosenbloom, 268 Ga. 482, 483 , 490 S.E.2d 73, 75 (1997) (emphasis added) (finding that discovery rule barred plaintiffs medical malpractice claim due to husband’s prescription drug habit because plaintiff knew that prescription drugs were affecting her husband’s mental state twenty years before she filed suit); see also King v. Seitzingers, Inc., 160 Ga.App. 318…
examined Cited "see, e.g." Gomez v. State (3×)
Mont. · 1999 · signal: see, e.g. · confidence low
See, e.g., King v. Seitzingers, Inc. (1981), 160 Ga.App. 318 , 287 S.E.2d 252 ; Anderson v. Sybron Corp. (Ga.App.1983), 299 S.E.2d 160 (aff'd.
discussed Cited "see, e.g." Kraciun v. Owens-Corning Fiberglas Corporation (2×)
8th Cir. · 1990 · signal: see, e.g. · confidence low
See, e.g., Baines v. Blenderman, 223 N.W.2d 199, 201-03 (Iowa 1974). 2 The Franzen Court also noted cases in which questions of fact arose concerning the cause of a plaintiff's injury, stating specifically that "uncertainty concerning causation has been recognized in asbestosis cases." 377 N.W.2d at 663 . 16 In Foster v. Johns-Manville Sales Corp., 787 F.2d 390 (8th Cir.1986), this Court held summary judgment was inappropriate in an asbestos action based in large part on the Franzen Court's citation to Sahlie v. Johns-Manville Sales Corp., 99 Wash.2d 550 , 663 P.2d 473 (1983), a Washington Sup…
KING
v.
SEITZINGERS, INC. Et Al.
62653.
Court of Appeals of Georgia.
Oct 20, 1981.
287 S.E.2d 252
A. Russell Blank, Thomas W. Thrash, for appellant., J. Bruce Welch, for appellees.
McMurray, Pope, Quillian.
Cited by 79 opinions  |  Published
Quillian, Chief Judge.

The plaintiff in a suit for personal injury by lead poisoning appeals the grant of summary judgment to the defendant on the ground that the action was barred by the statute of limitation. Held:

The action was filed on October 9,1979. Code Ann. § 3-1004 (Ga. L. 1767, Cobb, 562 through 1964, p. 763) is applicable and provides that actions for injuries to the person shall be brought within two years after the right of action accrues.

Appellant contends that his cause of action did not accrue until he knew or reasonably should have known that appellee was the cause of his condition which was within two years of the commencement of the action.

The evidence shows that appellant was employed from 1972 to 1977 as an iron work welder. In April of 1977 his employer, who is not a party to this action, had appellant working on the smokestack of appellee’s plant where discarded batteries were treated, melted and processed. Appellant complained to his physician of dizziness and was given treatment for hypoglycemia (low blood sugar), which the physician had diagnosed and treated him for previously. At that time appellant told the physician that he was working in and around a battery plant with lots of fumes. Appellant did not respond to the treatment and by May 1977 had to stop working because of weakness and dizziness. In June the physician discovered that appellant had an excessive lead content in his hair. Further tests were conducted and by August 1977 the physician had diagnosed the illness as lead poisoning (plumbism). At that time the physician believed that the cause of the lead poisoning was appellant’s several years of working as a welder on iron work covered with red lead paint. Appellant was aware that he had lead poisoning by September 1977 and commenced receiving workers compensation for his disability in October 1977. Quite a period of time after the initial diagnosis of lead poisoning appellant’s condition also was causally connected to lead fumes from appellee’s battery plant. Appellant testified that he discovered his condition was caused by appellee’s plant several months after he learned he had lead poisoning.

Appellant’s injury is a continuing tort and Georgia courts have clearly held that in a continuing tort a cause of action does not accrue so as to cause the statute of limitation to run until a plaintiff discovers or with reasonable diligence should have discovered that he was injured. Parker v. Vaughan, 124 Ga. App. 300 (183 SE2d 605); Everhart v. Rich's, Inc., 229 Ga. 798 (194 SE2d 425); Forgay v. Tucker, 128 Ga. App. 497, 500 (197 SE2d 492); Piedmont Pharmacy v. [*319] Patmore, 144 Ga. App. 160 (240 SE2d 888); Marbut v. P. P. G. Industries, Inc., 148 Ga. App. 721 (252 SE2d 628); Simons v. Conn, 151 Ga. App. 525 (2) (260 SE2d 402); Morgan v. Carter, 157 Ga. App. 218 (276 SE2d 889).

However, Georgia courts have not clearly addressed the question arising in this case. That is: where the injury is known, but the cause of the injury is not known, has a cause of action accrued so as to start the statute of limitation running?

There is considerable authority from other jurisdictions that a cause of action does not accrue under such circumstances until the plaintiff discovers or with reasonable diligence should have discovered not only the injury but the cause of the injury. See R. J. Reynolds Tobacco Co. v. Hudson, 314 F2d 776 (5th Cir. 1963); Miller v. Beach Aircraft Corp., 204 Kan. 184 (460 P2d 535) (1969); Wiggington v. Reichold Chemicals, Inc., 133 Ill. App. 2d 776 (274 NE2d 118) (1971); Breaux v. Aetna Cas. &c. Co., 272 FSupp. 668 (E. D. La. 1967); Goodman v. Mead Johnson & Co., 388 FSupp. 1070 (D. N.J. 1974); Thrift v. Tenneco Chemicals, Inc., 381 FSupp. 543 (S. D. Tex. 1974); Gilbert v. Jones, 523 SW2d 211 (Tenn. Ct. App. 1974); G. D. Searle & Co. v. Superior Court, 49 Cal. App. 3d 22 (122 Cal. Rptr. 218) (1975); Allen, Roman v. A. H. Robins Co., Inc., 518 F2d 970 (5th Cir. 1975) (Tex.); Raymond v. Ely Lilly Co., 117 N.H. 164 (317 A2d 170) (1977); Harig v. Johns-Manville Products, 284 Md. 70 (394 A2d 299) (1978); Insurance Co. of North America v. Forty-Eight Insulations, Inc., 451 FSupp. 1230 (E.D. Mich. 1978); Schiele v. Hobart Corp., 284 Or. 483 (587 P2d 1010) (1978).

A good discussion of this question is in Raymond v. Ely Lilly & Co., 117 N.H. 164, supra. “There are at least four points at which a tort cause of action may accrue: (1) When the defendant breaches his duty; (2) when the plaintiff suffers harm; (3) when the plaintiff becomes aware of his injury; and (4) when the plaintiff discovers the causal relationship between his harm and the defendant’s misconduct. See, 3 R. Hursh & H. Bailey, American Law of Products Liability 2d § 17:9-10; Developments in the Law Statute of Limitations, 63 Harv. L. Rev. 1177,1200-01; Annot., 80 ALR2d 368, 373 (1961).” Id at 168.

The court in discussing the necessity and fairness of having what has been called the “discovery rule,” reasoned that a cause of action should not accrue until a tort plaintiff knows or with reasonable diligence should know who caused his injury. It concluded: “In a case such as the one before us, in which the injury and the discovery of the causal relationship do not occur simultaneously, it is important to articulate exactly what the discovery rule means. We believe that the proper formulation of the rule and the one which will cause the least[*320] confusion is the one adopted by the majority of the courts: A cause of action will not accrue under the discovery rule until the plaintiff discovers or in the exercise of reasonable diligence should have discovered not only that he has been injured but also that his injury may have been caused by the defendant’s conduct.” Id. at 170,171.

Decided October 20, 1981 Rehearing denied November 6, 1981 A. Russell Blank, Thomas W. Thrash, for appellant. J. Bruce Welch, for appellees.

We find such reasoning persuasive.

As indicated above, it is already the law in Georgia that a tort cause of action does not accrue unless the plaintiff knows or with reasonable diligence should have known that he suffered an injury. We note that in the cases in which this law has been applied, the cause of the injury was apparent at the time the nature of the injury was discovered. It is only a logical extension of the existing Georgia law to adopt the rule which many other courts have.

Accordingly, we find that the appellant’s cause of action did not accrue and the statute of limitation did not run against him until he knew or through the exercise of reasonable diligence should have discovered not only the nature of his injury but also the causal connection between the injury and the alleged negligent conduct of appellee.

Construing the evidence most strongly against the movant-appellee and giving appellant the benefit of all reasonable doubt, there remains the question of whether appellant knew or through reasonable diligence should have discovered that his injury resulted from appellee’s action before or after the two years preceding the filing of his suit. Since this is a disputed issue of material fact which must be decided by a jury, the trial court erred in deciding it adversely to appellant. Code Ann. § 81A-156 (c) (Ga. L. 1966, pp. 609, 660 through 1975, pp. 757, 759). Compare, Morgan v. Carter, 157 Ga. App. 218, 219, supra; Simons v. Conn, 151 Ga. App. 525 (2), 528, supra; Piedmont Pharmacy v. Patmore, 144 Ga. App. 160, 163, supra.

Judgment reversed.

McMurray, P. J., and Pope, J., concur.